Holding a Nursing Home Responsible for Resident Abuse Through a Personal Injury Claim

 Posted on June 08,2020 in Nursing Home Neglect and Abuse

It is estimated that about 1.5 million people currently live in nursing home facilities in the United States. Nursing home staff are responsible for helping residents with medical needs as well as everyday needs such as showering, going to the bathroom, and eating meals. Most importantly, it is the nursing home staff’s responsibility to keep the residents safe. It is hard to believe that anyone would intentionally harm an elderly or disabled individual. However, nursing home resident abuse is tragically not that uncommon. When a nursing home staff member abuses a resident physically, mentally, sexually, financially, or otherwise, the facility may be liable for damages.  

Types of Resident Abuse

When we hear the word “abuse” physical violence such as hitting, pinching, or kicking may come to mind. However, this is just one of several forms of abuse to which residents may be subjected. Mental or psychological abuse involves a nursing home worker intentionally upsetting or frightening a resident. 

Working in a nursing home facility can be a stressful and frustrating occupation. Sadly, some nursing home staff use work stress as an excuse to belittle, intimidate, or mock residents. Increasingly, social media is being used to violate residents’ privacy. Workers have been caught taking and distributing humiliating photographs of residents using applications like Snapchat. This is not only an unacceptable invasion of resident privacy; it is often also a direct violation of the Health Insurance Portability and Accountability Act (HIPAA). Sexual abuse is also a serious problem in U.S. nursing homes. In one horrific case, a female resident in a vegetative state became pregnant after being the victim of rape. A nurse working at the facility has been arrested and charged with sexual assault and is currently awaiting trial.  

How a Personal Injury Lawsuit Can Hold Negligent Nursing Homes Accountable

Nursing home abuse and neglect is in violation of several state and federal laws including the Illinois Nursing Home Care Act. In many cases, a personal injury lawsuit can help hold a negligent nursing home facility responsible for the wrongdoing while simultaneously obtaining compensation for the injured resident and his or her family. Damages in a nursing abuse claim may include medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, and more. If a resident is killed by the wrongful or negligent actions of a nursing home worker, a wrongful death lawsuit may help the next of kin recover compensation for their losses.

Contact an Winnebago County Nursing Home Abuse Injury Lawyer

If you or a loved one have been the victim of nursing home abuse or neglect, contact Mannarino & Brasfield, A Division of Schwartz Injury Law to learn about filing an injury claim against the facility. Call our office at 815-215-7561 today for a free consultation and case assessment with a compassionate Rockford nursing home injury attorney.

Sources:

https://health.usnews.com/health-news/best-nursing-homes/articles/nursing-home-facts-and-statistics

https://www.hipaajournal.com/nursing-home-snapchat-photo-sharing-scandal-uncovered-8229/

https://www.azcentral.com/story/news/local/phoenix/2020/02/18/trial-delayed-ex-hacienda-health-nurse-nathan-sutherland-accused-impregnating-patient/4787261002/